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Research On The System Of Criminal Police's Appearance In Court To Testify

Posted on:2017-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:K YangFull Text:PDF
GTID:2336330512968128Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of police's appearing in court has been a important theoretical and practical issue in the field of litigation law and practice in China.China's Criminal Procedure Law amended in 1996 did not make this problem clear;the subsequent judicial interpretation also did not show a mandatory requirement.On January 1 2013,China formally implemented the new revision of the Criminal Procedure Law to strengthen the significance of police's appearing in court in the legal dimension.With the process of ruling by law,the need for police to testify in court will be stronger;the performance of police's appearing in court is also requested to be better.However,the present situation of this issue in our country is not satisfactory.According to statistics,theoretically,the judiciary takes a positive attitude to police's appearing in court,but practically,the judge rarely or do not want to summon the police to testify,while both of the prosecution and defense rarely request the judge to summon the police.Therefore,it is a common phenomenon in China that the criminal police do not appear in court to testify.However,their testifying in court can provide great value in many aspects such as embodying the principle of direct testimony,polishing the rules of evidence,improving China's litigation structure,enhancing the police's litigation function,helping the court to ascertain the facts,improving police's personal quality and identifying the special cases in detail.Take a close look at the two major legal systems,we can see that,police's appearing in court to testify is universally accepted in Anglo-US legal system countries,while in continent legal system countries,although they do not theoretically oppose to police's appearing to testify in court,but in judicial practice,police's appearing in court to testify is rare.In our country,the criminal police are generally not to testify in court.On the range of the case needed to be testified,the civil law countries are not as wild as common law countries.There are many reasons for this situation:at first,obstruct in people's idea and thinking style.Common law countries advocated individualism,while collectivism prevalent in civil law countries.In China,police officers play a role as the state machine,it is still a question in people's idea that weather it is better to take a certain policeman to appear in court to testify,replacing the official agencies to issue a document with a stamp.On a personal level,appearing in court to testify means to answer kinds of questions,to take the traditional position of police officers to be challenged.It is even worse that if the evidence provided by the police is difficult to be justified,the police officer may face the risk of losing the case,then subsequently affect the national judicial credibility.The second,there is a dispute that whether the police have the qualification to testify in court.In order to some principles,the investigation personnel is not included in the witness,so the police will be excluded from the scope of the witness,only allowing them to explain or illustrate something concerning the case.The third,there are imperfections in the evidence system and the principle of evidence.The law has no corresponding sanctions for ordinary witness who refuses to testify,since ordinary witness can refuse to testify,the police can refuse,too.Meanwhile,there is no established complete exclusion of hearsay evidence,so it is difficult to promote the police to testify in court.The fourth,China's police witness system is restricted by rough reality such as the human resources shortage of police,the high cost for police officers to fulfill their litigation duty and the shortage of funds,the imperfect assessment for police,etc.Therefore,the establishment of the police's appearing in court to testify under certain "necessity"circumstance is possible and beneficial.Specifications should be included as following:clearance of the identity of the police to testify in court,the scope of the case to testify,establishment of the procedures for police's appearing in court to testify,the provisions of this issue and the measure to improve the environment.At the same time,we should improve the police training in following aspects:the police's preparation before appearing in court to testify,the police's appearance and body language in court,the skill to answer questions,etc.Through these measures,we can finally reach the goal of punishing crime and protecting human rights.
Keywords/Search Tags:criminal police, appearance in court to testify, system
PDF Full Text Request
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